conference proceedin.. - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. II - 2009
school relationships, the attitude towards the commission and its socially
threatening consequences; also, temper and character features shall be
outlined. Within the expertise note, there shall be mentioned eventual
medical and/or educational recommendations, such pointing out mainly to
what is good for the child (this being the priority in any case) and also to
society defence and prevention in order to avoid perpetration of new
offending actions.
There shall be considered the possible specific features in the
child‟s behaviour on the date of expertise performing, such features
regarding: reduced emotional expression, introversion, guiltiness feelings,
exaggerated affection relationships, difficulties in establishing interpersonal
relationships, improper emotional reactions, confusion on future planning,
uncertainty, low self-esteem, poor imagination and language, While
performing the expertise, specialists may predict on the examined person‟s
future, concerning: future neurotic disturbances, increased risk when
entering improper or even criminal groups, underage person disposition
for drug and alcohol abuse, sexual abuse, etc.
The psychiatric legal medicine expertise on underage persons has
the following goals:
- To evaluate the school abilities of the underage person, the way
he/she identifies himself/herself with the class and school colleagues,
behaviour in front of teachers, etc.;
- To evaluate the parent-child relationship and specially the
educational aspects regarding the underage person personality shaping
and development;
- To specify the diagnosis and origin of disturbances and exclude
the over-added elements, especially the simulated ones;
- To establish the main features of examined person‟s personality,
related to diagnosis and reflected in his/her deviant behaviour;
- To mention the evolution stages of disturbances found and
eventual risks in the future;
- To evaluate the underage person‟s behaviour potential risks for
the society, thus justifying the actions proposed;
- To establish underage person‟s mental capacity and consider the
next:
- Minor persons under 14 do not have legal responsibilities;
- Minor persons of 14 and more are legally responsible provided
that without any doubt the offence was performed with full mental
capacity;
- Minor persons of 16 and more are legally responsible ( Belis V.,
Quoted works, p.107)
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